Cass Logging, Inc., Appellant/Cross-Appellee v. Johnny Fuller and Rose Fuller, Appellees/Cross-Appellants and Walter Rainbolt, Jr., Cross-Appellee--Appeal from 123rd District Court of Shelby County

NO. 12-03-00292-CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

CASS LOGGING, INC., APPEAL FROM THE 273RD

AND WALTER RAINBOLT, JR.,

APPELLANT/CROSS-APPELLEE

V. JUDICIAL DISTRICT COURT

JOHNNY FULLER AND ROSE FULLER,

APPELLEES/CROSS-APPELLANTS SHELBY COUNTY, TEXAS

MEMORANDUM OPINION

PER CURIAM

Appellant, Cass Logging, Inc., perfected an appeal from a judgment entered by the 123rd District Court of Shelby County, Texas in cause number 00CV-26,724. After submission, the parties filed a joint motion to reverse the judgment of the trial court, render a take-nothing judgment, and expedite issuance of the mandate. In the motion, the parties state that they have settled the case and that the motion is filed pursuant to their agreement. They request that after reversal of the trial court s judgment, this Court enter a take-nothing judgment against Johnny Fuller and Rose Fuller, Appellees.

The Court, having examined and fully considered the documents on file and the parties joint motion, is of the opinion that the motion should be granted. Accordingly, the joint motion is granted, the judgment of the trial court is hereby reversed, and judgment is rendered that Johnny Fuller and Rose Fuller take nothing on their claims. See Tex. R. App. P. 42.1(a)(2)(A), 43.2(c). As agreed by the parties, the costs of this appeal are assessed against the party incurring them, and the mandate shall issue immediately. See Tex. R. App. P. 43.4, 18.(c).

Opinion delivered December 22, 2004.

Panel consisted of Worthen, C.J., Griffith, J., and DeVasto, J.

PUBLISH